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Securing land inheritance and land rights for women in Kenya

Journal Articles & Books
February, 2017
Kenya

Women face many problems with regard to land inheritance and land rights in Kenya. Individual and community land ownership do not favour women. The reason for this is that ownership of land is patrilineal, which means that fathers share land amongst sons, while excluding daughters. This practice is traditionally widespread and partly accepted although it goes against the interest of women and is prohibited by the constitution.

Whose Security? Deepening Social Conflict over ‘Customary’ Land in the Shadow of Land Tenure Reform in Malawi

Reports & Research
March, 2007
Malawi
Africa

Malawi, like other countries in Africa, has a new land policy designed to clarify and formalise customary tenure. The country is poor with a high population density, highly dependent on agriculture, and the research sites are matrilineal-matrilocal, and near urban centres. But the case raises issues relevant to land tenure reform elsewhere: the role of ‘traditional authorities’ or chiefs vis-a-vis the state and ‘community’; variability in types of ‘customary’ tenure; and deepening inequality within rural populations.

The Big Picture: Land and Gender Issues in Matrilineal Mozambique

Reports & Research
May, 2011
Africa

Includes the land inheritance system, the (potential) diminishing relevance of customary norms, land rights and awareness of the law, women, customary practices and participation, DUATs and land occupation, the land market. Argues that in the current context the right of women to access and administer land is being limited not by customary social rules and law but by the adverse socio-economic context which characterises the whole peasant sector.

Lineage and land reforms in Malawi: do matrilineal and patrilineal landholding systems represent a problem for land reforms in Malawi?"

December, 2012
Malawi
Sub-Saharan Africa

This paper is about land tenure relations among the matrilineal and patrilineal cultures in Malawi. Data from the National Agricultural and Livestock Census are used to characterize marriage systems and settlement and landholding patterns for local communities. Marriage systems correspond to customary land tenure patterns of matrilineal or patrilineal land holding. The differences between the two major ways of land holding represent a particular challenge for land reforms intending to unify rules for land tenure and land devolution.

Legal Certainty in the Management of Agricultural Land Pawning in the Matrilineal Minangkabau Society, West Sumatra

Peer-reviewed publication
August, 2019
Indonesia

Agricultural land pawning is not a new phenomenon to the traditional communities (Masyarakat Adat) in Indonesia, especially the matrilineal Minangkabau people who rely on their agricultural land for economic transactions. Based on the national law, customary law (referred to as Adat Law hereafter) is to prevail over agrarian issues in Indonesia. But even so, agrarian issues remain under the influence of national law. This study discusses the management of agricultural land pawning in the matrilineal Minangkabau society according to national, Adat, and Islamic laws.

Gender, the Status of Women, and Family Structure in Malaysia

Peer-reviewed publication
May, 2017
Malaysia

This paper addresses the question of whether the relatively high status of women in pre-colonial South-east Asia is still evident among Malay women in twentieth century Peninsular Malaysia. Compared to patterns in East and South Asia, Malay family structure does not follow the typical patriarchal patterns of patrilineal descent, patrilocal residence of newly married couples, and preference for male children.

Lineage and land reforms in Malawi: Do matrilineal and patrilineal landholding systems represent a problem for land reforms in Malawi?

Peer-reviewed publication
October, 2014
Malawi
Norway
United States of America

Based on government statistics and interviews with villagers across Malawi this article argues that customary matrilineal and patrilineal land tenure systems serve to weaken security of land tenure for some family members as well as obstructing the creation of gender-neutral inheritance of lands. Data from the National Census of Agriculture and Livestock 2007and the 2008 Population and Housing Census are used to characterize marriage systems and landholding patterns of local communities. Marriage systems correspond to customary land-tenure patterns of matrilineal or patrilineal cultures.

Lineage and land reforms in Malawi: do matrilinear and patrilinear landholding systems represent a problem for land reforms in Malawi?

Reports & Research
December, 2013
Malawi

This paper is about land tenure relations among the matrilineal and patrilineal cultures in Malawi. Data from the National Agricultural and Livestock Census are used to characterize marriage systems and settlement and landholding patterns for local communities. Marriage systems correspond to customary land tenure patterns of matrilineal or patrilineal land holding. The differences between the two major ways of land holding represent a particular challenge for land reforms intending to unify rules for land tenure and land devolution.

Women and Community Land Rights: Investing in Local Champions

Reports & Research
June, 2021
Tanzania
Mongolia
Global

For more than five years, the Women’s Land Tenure Security (WOLTS) Project has been investigating the intersection of gender and land relations in mining-affected pastoralist communities in Mongolia and Tanzania. The aim has been to develop a methodology for long-term community engagement and capacity building to protect and support the land rights of all vulnerable people – thus to fully mainstream attention to gender equity in land tenure governance within a framework that would facilitate improvements in community land rights across the board.

Potential Risks to Women’s Land Rights From Climate Actions: Exploring Matrilineal Communities in Colombia, Costa Rica, and Panama

Policy Papers & Briefs
September, 2024
Costa Rica
Panama
Colombia
Global

This paper explores ways in which global actions to tackle climate change can potentially undermine women’s land tenure security. While there is greater cognizance of the role of secure land tenure as a critical enabler of global climate goals, climate actions that fail to account for differential tenure systems and gender dynamics risk eroding women’s customary land rights and associated social support systems. The paper recommends ways to balance climate goals with land rights protection.